True North Brands, Llc Vs. Dist. Ct. (Llevat)
This text of True North Brands, Llc Vs. Dist. Ct. (Llevat) (True North Brands, Llc Vs. Dist. Ct. (Llevat)) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
TRUE NORTH BRANDS, LLC, A No. 80254 NEVADA LIMITED LIABILITY COMPANY, Petitioner, VS.
THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE TIMOTHY C. MAR 1 3 2020 WILLIAMS, DISTRICT JUDGE, ELIZABETH A. BROWN CLERK OF SUPRr.ME COURT Respondents, BY y and DEPUTY CLERK
HERMINIO LLEVAT, AN INDIVIDUAL; AND TRUHEALTH, LLC, A DELAWARE LIMITED LIABILITY COMPANY, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS This is an original petition for a writ of mandamus challenging a district court order partially granting a motion to compel arbitration. Having considered the petition and supporting documentation, 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. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). In particular, we are not persuaded under this court's precedent that the district court committed either a legal error or abused its discretion in determining that petitioner's claims against real party in interest Herminio
4716 /05S I Llevat arose under the Operating Agreement and that Llevat did not waive his right to arbitrate. See Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008) (A writ of mandamus is available to compel . . . an act that the law requires . . . or to control an arbitrary or capricious exercise of discretion."). Accordingly, we ORDER the petition DENIED.
, C.J.
J. Silver
cc: Hon. Timothy C. Williams, District Judge Saul Ewing Arnstein & Lehr, LLP Kolesar & Leatham, Chtd. Lee, Hernandez, Landrum & Carlson, APC Zfaty Burns Eighth District Court Clerk
SUPREME COURT OF NEVADA 2 (0) 1947A ADD
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
True North Brands, Llc Vs. Dist. Ct. (Llevat), Counsel Stack Legal Research, https://law.counselstack.com/opinion/true-north-brands-llc-vs-dist-ct-llevat-nev-2020.