U.S. Bank Nat'l Ass'n v. Eighth Judicial Dist. Court of Nev., 429 P.3d 1255 (2018)

Nov. 16, 2018 · Supreme Court of Nevada · No. 76699
429 P.3d 1255

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-CW2, Petitioner,
v.
The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable David M. Jones, District Judge, 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.

No. 76699

Supreme Court of Nevada.

FILED NOVEMBER 16, 2018

Ballard Spahr LLP/Las Vegas

Pengilly Law Firm

Clark Newberry Law Firm

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. Because we recently addressed those issues in Bank of America, N.A. v. SFR Investments Pool 1, 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.