Opinion
No. 66711
03-12-2015
PETER JASON HELFRICH Appellant, v. RICK MARSHALL; NYE COUNTY UNDERSHERIFF; ELIZABETH NEIBBORS; AND LAKES CROSSING, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court order granting a motion to change venue in a tort and civil rights action. Eighth Judicial District Court, Clark County; Nancy L. Allf, Judge.
NRS 13.050(2)(a) provides that a district court may, on motion, change the venue of an action "[w]hen the county designated in the complaint is not the proper county." Here, the actions alleged in the complaint took place in Nye County as to respondent Rick Marshall and in Washoe County as to respondents Lakes Crossing and Elizabeth Neighbors. Because venue is not proper against all the respondents in any one county, we conclude that the district court did not abuse its discretion by finding that venue was proper in the First Judicial District Court in Carson City because venue was proper in that court for Lakes Crossing, which is a state agency. See NRS 433.233 (designating Lakes Crossing Center as a mental health services provider for the Division of Public and Behavioral Health); NRS 13.020(3) (providing that Carson City is the proper venue for a tort action against a state agency); Roethlisberger v. McNulty, 127 Nev. ___, ___, 256 P.3d 955, 957 (2011); see also NRS 13.050(2)(c) (providing that when a complaint is not filed in the proper county, the court may, on motion, change the place of trial "[w]hen the convenience of the witnesses and the ends of justice would be promoted by the change"). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. Nancy L. Allf, District Judge
Peter Jason Helfrich
Attorney General/Carson City
Eighth District Court Clerk