Nevada Supreme Court, 2021

Faber Vs. Dist. Ct. (Ad Distribs., Llc)

Faber Vs. Dist. Ct. (Ad Distribs., Llc)
Nevada Supreme Court · Decided August 3, 2021

Faber Vs. Dist. Ct. (Ad Distribs., Llc)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

RUSSELL FABER, No. 83302 Petitioner, vs. EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE NADIA KRALL, DISTRICT JUDGE, FILED Respondents, AUG 0 3 2O21 and ELIZABETH A. BROWN DISTRIBUTIONS, LLC, D/I3/A BLACK CLER)9J SUPREME COURT & CHERRY REAL ESTATE AND BY PVUTY L RK LfA PROPERTY MANAGEMENT, A DOMESTIC LIMITED-LIABILITY COMPANY, DULY AUTHORIZED AND LICENSED TO DO BUSINESS IN HENDERSON. CLARK COUNTY.

NEVADA; TIMOTHY DENISON.

INDIVIDUALLY AND AS TRUSTEE OF THE DENISON REVOCABLE TRUST; AND DIANE S. DENISON INDIVIDUALLY AND AS TRUSTEE OF THE DENISON REVOCABLE TRLTST, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION This original petition for a writ of mandamus or prohibition challenges a district- court order granting, in part. a motion in iimine and allowing real parties .in interest to present evidence of spoliation at trial.

Raving considered the petit.on aficl its supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. Pan v. Eighth <Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004.) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith V. Eighth judicial Dist.

Court, 107 Nev. 67,1. 677, 679, 818 P.2d 849, 851. 853 (199.1) (recognizing that writ relief is an extraordinary remedy and that this court has discretion in determining whether to entertain a writ petition). Despite petitioner's arguments to the contrary, we conclude that petitioner has an adequate and speedy legal remedy in the form of an appeal from any adverse final judgment, precluding writ relief. NRS 341.70; NRS 34.330; Walker v. Second judicial Dist. Court, 136 Nev., Adv. Op. 80, 476 P.3d 11.94. 1198 (2020) (recognizing that a later appeal generally constitutes an adequate and speedy remedy at law, even when an interlocutory mandamus action would be easier or quicker). Moreover, the issues raised in this petition are largely factual and better resolved on a fully developed record. See Walker, Nev., Adv. Op. 80, 476 P.3d at 1199 (declining to provide writ relief when the underlying issue involved factual disputes). Accordingly, we ORDER the petition DENIED.'

, J.

Cadish

.Herndon

'We have considered petitioner's August 2, 2021, motion to supplement, which informs that trial has been rescheduled for September.

Nevertheless, in light of this order, petitioner's emergency motion for stay is denied as moot.

SUPREME COURT OF NEVADA (0) 1947A <sac> cc: Hon. Nadia .Krall, District Judge George T. Bochanis, Ltd. Claggett & Sykes Law Firm Shumway Van Dennett Winspear, LLP Eighth District Court Clerk

SUPREME COURT OF NEVADA ly-17A

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