BERBERICH TRUSTEE OF 4499 WEITZMAN PLACE TRUST LLC v. MTC LLC LLC XIV LLC (2020)

Supreme Court of Nevada.

Kenneth BERBERICH, TRUSTEE, on Behalf OF 4499 WEITZMAN PLACE TRUST, a Nevada Trust; Jeff Brauer, Esq.; and Brauer, Driscoll, Sun and Associates LLC, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Joanna Kishner. District Judge, Respondents, Southern Highlands Community Association, a Nevada Non-profit Corporation; MTC Financial, Inc., a California Corporation Registered in Nevada; Olympia Group, LLC, a Nevada Limited Liability Corporation; Olympia Management Services, LLC, a Nevada Limited Liability Corporation; Federal Home Loan Mortgage Corporation, a Federally Chartered Corporation; and Cam Real Estate XIV, LLC, a Delaware Limited Liability Company, Real Parties in Interest.

No. 82079

Decided: November 20, 2020

Spencer M. Judd Aldridge Pite, LLP Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP/Las Vegas Burke, Williams & Sorensen, LLP Kemp, Jones, LLP

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus seeks to compel the respondent district judge to hear petitioners’ post-judgment motion for relief, rather than the judge to whom the case is currently assigned, and to have vacated prior orders entered by the currently assigned judge.

Having reviewed the petition and supporting documents, we conclude that our extraordinary intervention is not warranted. NRS 34.160; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (recognizing that petitioners bear the burden to demonstrate that writ relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 81.8 P.2d 849, 851 (1991). In particular, petitioners fail to demonstrate that NRS 175.101, a criminal procedure statute recently addressed in Harvey v. State, 136 Nev., Adv. Op. 61, 473 P.3d 1015 (2020), applies to their civil case below. Accordingly, we

ORDER the petition DENIED.

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