Opinion
No. 75802
05-16-2018
HOME LOANS FUNDING, D/B/A BANK HOME LOANS AND HOUSE OF CONCERTS, A CALIFORNIA CORPORATION, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE KATHLEEN E. DELANEY, DISTRICT JUDGE, Respondents, and VENETIAN CASINO RESORT, LLC, A NEVADA LIMITED LIABILITY COMPANY, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This emergency petition for a writ of mandamus challenges district court oral rulings denying motions for summary judgment and reconsideration.
Having reviewed this petition and the supporting documents, we are not satisfied that this court's intervention by way of extraordinary relief is warranted. See NRAP 21(b); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). In particular, trial is scheduled to commence on a stack beginning next week, and petitioner has an adequate and speedy legal remedy in the form of an appeal from any adverse final judgment, precluding writ relief. NRS 34.170; NRS 34.330; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 225, 88 P.3d 840, 841 (2004); see also Archon Corp. v. Eighth Judicial Dist. Court, 133 Nev., Adv. Op. 101, 407 P.3d 702, 706 (2017) (recognizing that "[a] writ of mandamus is not a substitute for an appeal," but rather, the writ should be used sparingly, "for extraordinary causes"). Accordingly, we
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Kathleen E. Delaney, District Judge
Alverson Taylor Mortensen & Sanders
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Eighth District Court Clerk