Garcia v. Dist. Ct. (State Farm Mutual Auto. Ins. Co.)

IN THE SUPREME COURT OF THE STATE OF NEVADA
GABRIEL GARCIA, No. 69772
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF
FILED
CLARK; AND THE HONORABLE MAR 1 8 2016
ELISSA F. CADISH, DISTRICT JUDGE,
TR CIE K. LMIDEMAN
Respondents, CLERK4JFAUPREME COURT
BY
-yo
and DEPUTY CLERK I
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY; AND JOYCE
KING,
Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a
district court order dismissing, for failure to state a viable claim, the
portion of a complaint seeking to renew a judgment against real party in
interest Joyce King. Having considered the petition, we conclude that
petitioner has failed to demonstrate that our extraordinary intervention is
warranted.
A writ of mandamus is available to compel legally-required
action by an inferior state tribunal, but the writ generally will not issue
when the petitioner has a plain, speedy, and adequate remedy at law.
NRS 34.160; NRS 34.170; Mineral Cty. v. State, Dep't of Conservation &
Nat. Res., 117 Nev. 235, 242-43, 20 P.3d 800, 805 (2001). Here, petitioner
has indicated that, after King was dismissed, the underlying case was
removed to the federal district court. As a result, the respondent district
court lacks jurisdiction, and petitioner's remedy properly lies with the
SUPREME COURT
OF
NEVADA
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federal court. 28 U.S.C. §§ 1446(d) and 1450 (2012); Ackerman v.
ExxonMobil Corp., 734 F.3d 237, 249 (4th Cir. 2013); Laguna Viii., Inc. v.
Laborers' Intl Union of N. Am., 672 P.2d 882, 885 (Cal. 1983).
Accordingly, we conclude that our extraordinary intervention is not
warranted or appropriate, Mineral Cty., 117 Nev. 235, 20 P.3d 800(denying a writ petition out of deference to the proper, federal court
forum), and we
ORDER the petition DENIED.
Ao_A
Hardesty
J.
Saitta
Pieith AI) , J.
Pickering
cc: Hon. Elissa F. Cadish, District Judge
Christensen Law Offices, LLC
Harper Law Group
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
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