U.S. Bank Nat'l Ass'n v. Dist. Ct. (Collegium Fund LLC Ser. 9)

Nevada Supreme Court

U.S. Bank Nat'l Ass'n v. Dist. Ct. (Collegium Fund LLC Ser. 9)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

U.S. BANK NATIONAL ASSOCIATION, No. 76699 AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-CW2, Petitioner, VS.

THE EIGHTH JUDICIAL DISTRICT FfiL COURT OF THE STATE OF NEVADA, NOV 1 IN AND FOR THE COUNTY OF fir H A. E:ZOWN I CLARK; AND THE HONORABLE CLE PIH11;.E F;OURT DT DAVID M. JONES, DISTRICT JUDGE, DEPUTY CLERK

Respondents, and COLLEGIUM FUND LLC SERIES 9, A NEVADA LIMITED LIABILITY COMPANY; AND TIERRA DE LAS PALMAS OWNERS ASSOCIATION, A NON-PROFIT CORPORATION, Real Parties in Interest.

ORDER DENYING PETITION This original petition for a writ of mandamus challenges a district court order denying a motion for summary judgment in an action to quiet title. The decision to entertain a petition for a writ of mandamus is purely discretionary. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). As a general rule, we will not exercise that discretion when the petition challenges a district court order denying a motion for summary judgment. Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997). Petitioner argues that this petition falls within an exception to that general rule primarily because it raises important issues of law that require clarification and a decision could help resolve a large number of quiet title actions pending across the State. SUPREME COURT OF NEVADA

(0). 1947A Ken ii- tolbql Because we recently addressed those issues in Bank of America, NA. v. SFR Investments Pool I, LLC, 134 Nev., Adv. Op. 72, 427 P.3d 113 (2018), and there is nothing to preclude petitioner from seeking appropriate relief in district court based on that decision, we decline to exercise our discretion to consider this petition on the merits. Accordingly, we ORDER the petition DENIED.

Pod,. ay J. Pickering

...foams , J. Gibboics

\ Hardesty

cc: Hon. David M. Jones, District Judge Ballard Spahr LLP/Las Vegas Pengilly Law Firm Clark Newberry Law Firm Eighth District Court Clerk

SUPREME COURT OF NEVADA

2 (0) 1947A

Reference

Status
Unpublished